Document Productions

News & Analysis as of

Court Orders Sanctions for Failure to Produce Source Code on a Timely Basis

Plaintiffs Ericsson Inc. and Telefonaktiebolaget LM Ericsson's ("Ericsson") filed a motion to compel discovery of source code and technical documents, pursuant to Local Patent Rule 3-4 in the Eastern District of Texas. As...more

Court Orders New Search Parameters for Document Preservation (Louisiana)

New Orleans Reg'l Physician Hosp. Org., Inc. v. United States, 2015 WL 5000512 (Fed. Cl. Aug. 21, 2015) - In this breach of contract case, the plaintiff alleged that the defendant refused to provide promised...more

District Court Stays Action Pending Appellate Review of Motion to Compel Privileged Documents

The district court had previously ordered plaintiffs to produce certain documents to the extent that documents containing communications between plaintiff and its non-attorney patent agents were not subject to the...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 4

In the ISN case, the Petitioners filed a Petition for Appraisal, requesting that the Court make an independent valuation of the company under Section 262. In this Motion to Compel hearing, the Respondent called to the stand...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 3

Herbert Chen and Derek Sheeler v. Robert Howard-Anderson, Steven Krausz, Robert Abbott, Robert Bylin, Thomas Pardun, Brian Strom, Albert Moyer, Jeanne Seeley, and Occam Networks, Inc., C.A. No. 5878–VCL, Oral Argument on...more

Court Compels Production Of Core Technical Documents But Declines To Correct Claims In The Patents

Fallon, M. J. Plaintiff’s motion to compel documents is granted in part and denied in part. Its motion to correct and amend its motion to compel is denied as moot. Its motion to amend its complaint is denied as moot. Its...more

Preserving the Corporate Privilege in Internal Investigations: DC Circuit Clarifies Scope of the Privilege in Important Series of...

For the second time in just over a year, the DC Circuit granted the extraordinary remedy of a writ of mandamus to protect a company’s assertion of privilege over materials relating to an internal investigation. In a...more

Avoid the Dangers of Missing E-Data

Most discovery requests will require production of electronic data. Even if you’re tech savvy, it’s better not to go it alone because the sanctions for missing something can be huge, as Delta Airlines and defense counsel in a...more

E-Discovery Update: Balancing Costs with Desire to Not Produce Irrelevant and Potentially Privileged Documents

Often in litigation, parties faced with overbroad discovery requests and large amounts of data are tempted to produce everything that hits on search terms to the other side without looking at it, or after performing minimal...more

Be Alert Asia Pacific: How to Handle Audits by Labor Bureaus in China

In recent months, the number of international businesses in China (especially Beijing) that have been contacted by the local labor bureau for an audit has been markedly rising. These audit processes can come out of the blue...more

Federal Circuit Review | August 2015

Online Banking Patents Based On “Abstract Ideas” Held Patent Ineligible Under Alice - In Intellectual Ventures I LLC v. Capital One Bank (USA), NA, Appeal No. 2014-1506, the Federal Circuit held that claims directed to...more

Privileged Documents and Regulatory Investigations: When Does Waiver Come Into Play?

When a regulator comes knocking at your door, with an order compelling the production of documents, how should you treat communications between you and your lawyers? Are you required to produce privileged documents to the...more

Section 236 of the UK Insolvency Act 1986 – extra-territorial effect?

The English High Court rejects an application by the Joint Special Administrators of MF Global UK Limited (“MF Global”) for an order seeking the production of documents pursuant to section 236 of the Insolvency Act 1986 (the...more

Court Grants Restraining Order in Light of Inadvertent Disclosure (California)

Newark Unified Sch. Dist. v. Superior Court , 2015 WL 4594095 (Cal. Ct. App. July 31, 2015). In this inadvertent document release case, the plaintiff sought injunctive relief against the defendant, requiring the return...more

Failure to Specify Production Requests Leads to Indeterminate Ruling (Michigan)

Nykoriak v. City of Hamtramck, 2015 WL 4600234 (E.D. Mich. July 29, 2015). In this civil rights case, the defendants filed a motion to compel production of documents from the plaintiff. The defendants alleged that, while...more

Targeted Search Criteria for ESI Results in Granted Discovery Request (New York)

Stinson v. City of New York, 2015 WL 4610422 (S.D.N.Y. July 23, 2015). In this production dispute, the plaintiffs sought to compel the production of ESI kept by the defendants that would show an increase in legally...more

DC Circuit reaffirms confidentiality of internal investigation communications

For the second time in 14 months, the US Court of Appeals for the DC Circuit has taken the extraordinary step of issuing a writ of mandamus to stop a federal district court from requiring a federal government contractor to...more

D.C. Circuit Weighs In Once Again in KBR Privilege Fight

In the ongoing saga which has been the subject of a previous post on this blog, a three-judge panel of the D.C. Circuit Court of Appeals has once again found that the district court erred in ordering the production of the...more

E-Discovery Update: Nonresponsive Attachments – In or Out?

The Federal Rules of Civil Procedure state that "[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense." Fed. R. Civ. P. 26(b)(1) (emphasis added). In electronic...more

California Supreme Court Will Review Appellate Decision Holding That Attorney Bills Are Privileged

In June, I blogged about County of Los Angeles Board of Supervisors v. Superior Court, 235 Cal. App. 4th 1154 (2015). In that case, the California Court of Appeal (Second Appellate District) concluded that legal defense bills...more

Menomonie Restaurant Owner in Contempt of Court

Wisconsin Company Held in Contempt for Failure to Provide Information and Pay EEOC's Attorney's Fees - MADISON, WISCONSIN - North Broadway Holdings, Inc., owner of a restaurant previously known as Sparx Restaurant, and...more

Social Media Highlighting E-Discovery Case Law for First Half of 2015

The end of June marks the halfway point for the year and is often a time for reflection on key events of the year. In e-discovery this usually translates to a review of cases that matter – those which reveal new or growing...more

It May Be A Lawyer Doing Work At A Law Firm…But Don't Call It 'Legal Work'

As e-discovery issues abound, the increased number of contract lawyers combing through massive document productions for privilege and relevance has developed into a cottage industry in the past decade. Companies helping law...more

When the Fifth Amendment Privilege Doesn't Work-Tax Cases

A recent decision of the Third Circuit Court of Appeals illustrates the futility of expecting that the Fifth Amendment Privilege Against Self-incrimination will shield taxpayers from production of offshore financial records. ...more

Court Follows Cost Shifting Analysis for Backup Tape Production (California)

United States ex rel. Carter v. Bridgepoint Educ., Inc., 305 F.R.D. 225 (S.D. Cal. 2015) - In this qui tam action claim case, the plaintiffs demanded that the defendants restore inaccessible ESI, specifically emails,...more

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